Sri V A Gopalakrishna vs Sri Rudraiah
2024 Latest Caselaw 27108 Kant

Karnataka High Court

Sri V A Gopalakrishna vs Sri Rudraiah on 12 November, 2024

Author: Ravi V Hosmani

Bench: Ravi V Hosmani

                                                -1-
                                                              NC: 2024:KHC:45848
                                                             RSA No. 760 of 2013




                         IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                           DATED THIS THE 12TH DAY OF NOVEMBER, 2024
                                             BEFORE
                            THE HON'BLE MR JUSTICE RAVI V HOSMANI
                         REGULAR SECOND APPEAL NO. 760 OF 2013 (DEC)
                   BETWEEN:
                          SRI V.A. GOPALAKRISHNA,
                          S/O LATE ARASAYYA,
                          AGED ABOUT 80 YEARS,
                          SUBHASHNAGAR,
                          ARASIKERE TOWN, ARASIKERE PO,
                          ARASIKERE TALUK,
                          HASSAN DISTRICT - 583 125.
                                                                    ...APPELLANT
                   (BY SRI N. SHANKARNARAYAN BHAT, ADVOCATE (ABSENT))
                   AND:

                   1.     SRI RUDRAIAH,
                          S/O LATE ERAIAH,
                          AGED ABOUT 70 YEARS,
                          R/O VOLAGEREHALLI VILLAGE,
                          DUDDA HOBLI, DUDDA PO,
                          HASSAN TALUK AND DIST. -573 118.
Digitally signed by
ANUSHA V
                    2.    SRI KRISHNAIAH,
Location: High
Court Of                  S/O LATE ERAIAH,
Karnataka                 AGED ABOUT 65 YEARS,
                          R/O VOLAGEREHALLI VILLAGE,
                          DUDDA HOBLI, DUDDA PO,
                          HASSAN TALUK AND DISTRICT -573 118.

                   3.     SMT.LAKSHMAMMA,
                          W/O PUTTASWAMY,
                          D/O LATE PUTTASWAMAIAH,
                          AGED ABOUT 45 YEARS,
                           H.NO. 790, KUVEMPUNAGAR,
                          HASSAN, HASSAN TALUK,
                          HASSAN DIST. - 573 201.
                               -2-
                                           NC: 2024:KHC:45848
                                         RSA No. 760 of 2013




4.   SRI DEEPU,
     S/O LATE HONAPPA,
     AGED ABOUT 35 YEARS,
     MIG-42, KUVEMPUNAGAR,
     HASSAN, HASSAN TALUK,
     HASSAN DIST. - 573 201.
                                              ...RESPONDENTS
(BY SRI K. SHRIHARI, ADVOCATE FOR R1 TO R4 (ABSENT))
     THIS REGULAR SECOND APPEAL IS FILED UNDER
SECTION 100 OF CPC AGAINST THE JUDGMENT & DECREE
DATED 19.1.2013 PASSED IN R.A.NO.151/2007 ON THE FILE
OF THE PRINCIPAL SENIOR CIVIL JUDGE, HASSAN,
DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT
AND DECREE DATED 22.9.2007 PASSED IN O.S.NO.256/2003
ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (JR.DN) & JMFC
II COURT, HASSAN.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:     HON'BLE MR JUSTICE RAVI V HOSMANI

                      ORAL JUDGMENT

Though matter was passed over and called again, there is

no representation.

2. Vide order dated 26.06.2024, appellant was permitted

to comply with office objections on applications and notice was

ordered.

NC: 2024:KHC:45848

3. Despite lapse of time, office objections are not

complied. This would indicate that appellant is not diligent in

pursuing the appeal. Hence, applications are rejected.

Accordingly, appeal is dismissed for non-prosecution.

Sd/-

(RAVI V HOSMANI) JUDGE

CPN CT: BHK